China Insurance Regulatory Commission On The Amendment Of The Administrative Provisions On Qualifications For Senior Managers Of Insurance Companies Of The Relevant Provisions Of Decision

Original Language Title: 中国保险监督管理委员会关于修改《保险公司高级管理人员任职资格管理规定》有关条文的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/200411/20041100058917.shtml

@S China insurance supervision Management Committee on modified insurance company senior management personnel served qualification management provides about provisions of decided S@ (on July 23, 2003 China insurance supervision Management Committee makes 2003 2nd, released since released of day up purposes) for adapted insurance fast development of need, attract more excellent management talent participation insurance of construction and development, China Circ decided on insurance company senior management personnel served qualification management provides about provisions for following modified: a, and Third article first paragraph modified for: "This provides by said insurance company senior management personnel is refers to insurance company statutory representative people and other on insurance company business management activities has decision right or major effect of head, including: Corporation of Chairman, and Director, and independent Director, and Board Secretary; Corporation General Manager, and Deputy General Manager; branch institutions General Manager (Manager); and and above senior management personnel has same terms of head.     "Second, by deleting article tenth of foreign insurance companies, Sino-foreign joint venture foreign insurance companies should have the appropriate level of senior management.     Three, 11th modified to "serving as senior managers of insurance companies shall meet the following conditions: (a) as insurance company Chairman and General Manager, Deputy General Manager, should have a university degree or above majored in economically more than 8 years, with enterprises and institutions or organs in positions of leadership or management experience.     (B) as Secretary of the insurance company, the independent directors, the Board of Directors, should have a university degree; and with more than 5 years of economic, legal, accounting and other work experience with the adapt to the fulfilment of their duties.     (C) as General Manager of an insurance company branch, should have a university degree or above majored in economically more than 5 years, with appropriate leadership or management experience.     (D) as General Manager of the insurance companies of other branches (managers), and should have a university degree or above majored in economically more than 5 years, with appropriate management capability.     (E) the proposed senior managers of insurance companies with insurance, financial, management, legal, investment, accounting professional master's degrees, may have engaged in economic work relaxed. (Vi) Professional with outstanding talent or made outstanding contributions in the field, can be relaxed education or working life requirements.     "Four, 13th the first amendment as" (a) has a criminal record. "     One seventh of the increase "a large amount of the debt is overdue."     Five, by deleting section 15th: legal representatives of an insurance company shall not concurrently. Six, 19th revised as "qualifications for senior managers has been achieved, internal transfers between branches at the same level, or senior-level position to a low level is the mobility, does not need to be approved again, but at the time of appointment to the proposed location report and the departure of the local agency. "Seven, 24th modified to" senior managers of insurance companies have decided to waive their duty or approve his resignation, from the date of decision, the senior management is automatically lost their qualification as senior managers of the institutions, except in cases covered by this article 19th. Insurance companies shall, within 10 working days from the date of the decision to the CIRC report or the local agency. "Eight, the 25th amendment as" insurance companies without location or agency approved by the CIRC, it may not appoint senior managers, nor to the interim head of name or other means specified without qualification audit personnel for senior managers of insurance companies. Under special circumstances, you need to specify the interim head, specifies and end to the CIRC report or the local agency, temporarily in charge of time shall not exceed 3 months. "Nine, 30th modified to" insurance company senior management appointment and dismissal by the Board of directors or parent body giving warning, demerit, demerit, demotion, dismissal, discharge or other punishment, the insurance company shall promptly report to the CIRC or the local agency, the China insurance regulatory Commission or local agency will decide whether to cancel its qualifications.       "This decision come into force on the date of promulgation.  Attachment: qualifications of senior managers of insurance companies regulations (amended in 2003) (March 1, 2002, China insurance regulatory Commission order 2002 2nd release on July 23, 2003, released by the China insurance regulatory Commission in 2003, 2nd China insurance regulatory Commission on revising qualifications for senior managers of insurance companies amended the relevant provisions of the decision on the regulations) Chapter I General provisions article     To strengthen the management of the senior managers of insurance companies to ensure healthy management, promote the healthy development of the insurance industry, according to the People's Republic of China insurance law and other relevant laws and regulations, this provision is enacted.     Insurance company referred to in the provisions of article refers in accordance with the People's Republic of China provisions of relevant laws and administrative regulations, the various insurance companies established according to law and business in China.     Third senior managers of insurance companies in these rules refers to the legal representative of the insurance company and other management and insurance company has the decision-making power or significant influence, including: company Chairman, directors, independent directors, secretarial; General Manager, Deputy General Manager Branch Manager (Manager), as well as the responsible person and the senior managers have the same.     Actuarial insurance company appointed head office departments, financial accounting, investment sectors primarily responsible, shall, in accordance with the relevant regulations approved by the CIRC, or record. Fourth China insurance regulatory Commission and its agencies on the qualifications of senior managers of insurance companies graded audit and management at different levels.     Circ approval and management of qualifications of senior managers of an insurance company; Circ stationed around the Office, the Office and the Office of the Ombudsman (hereinafter referred to as local agency) audits and management branch senior managers of insurance companies in the area of qualifications.     The fifth China insurance regulatory Commission and location of dispatched to audit and management of qualifications of senior managers of insurance companies, including qualification approval, cancel and qualification qualification file management. The sixth China insurance regulatory Commission and location of dispatched to audit and management of qualifications of senior managers of insurance companies, divided into the approval system and recording system.     Insurance company head office, branches and centres approved by the company's Senior Manager for business; the insurance company application filing system from the senior management of the company. For senior management approval system should be made before a person is appointed the CIRC or agencies, where the qualification approval files.     Application filing system at the time of appointment of senior managers should also report the Agency of record.     Chapter II qualifications seventh senior managers of insurance companies should have good character and can do the job required academic qualifications, professional experience and management capacity, no bad record.     Eighth senior managers of an insurance company shall abide by the People's Republic of China law, implement the country's economic, financial, and insurance policies.     Nineth-funded insurance company legal representative should be People's Republic of China citizens.     Tenth served as senior managers of insurance companies shall meet the following conditions: (a) as insurance company Chairman and General Manager, Deputy General Manager, should have a university degree or above majored in economically more than 8 years, with enterprises and institutions or organs in positions of leadership or management experience.     (B) as Secretary of the insurance company, the independent directors, the Board of Directors, should have a university degree; and with more than 5 years of economic, legal, accounting and other work experience with the adapt to the fulfilment of their duties.     (C) as General Manager of an insurance company branch, should have a university degree or above majored in economically more than 5 years, with appropriate leadership or management experience.     (D) as General Manager of the insurance companies of other branches (managers), and should have a university degree or above majored in economically more than 5 years, with appropriate management capability.     (E) the proposed senior managers of insurance companies with insurance, financial, management, legal, investment, accounting professional master's degrees, may have engaged in economic work relaxed.     (Vi) Professional with outstanding talent or made outstanding contributions in the field, can be relaxed education or working life requirements.     (E) the proposed senior managers of insurance companies with insurance, financial, management, legal, investment, accounting professional master's degrees, in the insurance or other financial economy may have relaxed.     11th the Head Office of the insurance company shall have at least 2 senior managers working in insurance for more than 10 years, and has held operations management positions for more than 4 years experience; branch and the Center should have at least 1 senior management staff working in insurance for more than 5 years, and has held operations management positions for more than 2 years experience.     12th article has following case one of of, shall not served as insurance company senior management personnel: (a) has crime records of; (ii) had for gambling, and drug, and whoring, and fraud, violations, by about judicial sector administrative punishment or was sentenced to penalty; (three) had served as for illegal was revoked license of or for mismanagement bankruptcy liquidation of company, and enterprise of senior management personnel, has personal responsibility or directly led responsibility; (four) on major work errors and economic case has personal responsibility or directly led responsibility;     (V) the judicial or disciplinary, supervision sector under review has not yet reached conclusions; (vi) cumulative twice cancelled qualifications of senior managers of insurance companies; (g) a large amount of the debt is overdue; (VIII) China insurance regulatory Commission finds unfit to serve as senior managers of insurance companies in other circumstances.     13th in bankruptcy, closing, was taken over for special treatment of an insurance company as a Senior Manager, in addition to the 13th (c) provide other situations, 3 years after the adoption of the above measures to other senior managers of insurance companies. Third chapter served qualification audit and management 14th article applies approved business of senior management personnel, should by its where of insurance company board or superior appointment institutions to is responsible for audit of China Circ or location sent institutions submitted following written material (a type three copies): (a) on intends any senior management personnel (following referred to intends any people) for served qualification audit of application; (ii) insurance company senior management personnel served qualification application table; (three) intends any people of ID, and degree certificate, about certificate of copies,     Copy of a passport should be provided at the passport and (iv) to be appointed as people's character, ability, management skills, performance and other aspects of the comprehensive appraisal (five) people worked as chaired the comprehensive work to be appointed, shall be submitted to the outgoing auditor's report. The written materials should be written in Chinese.     The original is in a foreign language, it should be attached with Chinese translation of notarization in China. 15th the CIRC and location of dispatched senior managers to apply the approved system, in accordance with administrative privileges for auditing. Audit content and methods including reporting audit, talking to people study to be appointed.     Conversations should be recorded, transcripts should be investigated and the persons to be appointed is signed by both parties.     16th to apply the approved qualifications of senior managers of the business audit, the China insurance regulatory Commission and location of dispatched institutions should receive written materials referred to in article 16th completed within 5 working days after the data integrity review, if not challenged, considered claims data integrity.     After the confirmation of declarations full, CIRC and the premises shall, within 20 working days to make decision on whether to approve their qualifications.     Article 17th post-holding qualifications of senior managers, internal transfers between branches at the same level, or senior-level position to a low level is the mobility, does not need to be approved again, but at the time of appointment to the proposed location report and the departure of the local agency.     Application of article 18th recording system for senior management, appointment and dismissal by the superior body to the local agency qualifications application form submitted to the insurance company senior management.     Senior managers referred to in the preceding paragraph does not comply with the provisions of diqi、BA、Shi a rule condition or 13th of the circumstances listed in article, where agencies have the right to veto their qualifications.     19th senior managers of insurance companies qualification application form, qualification application form by the China insurance regulatory Commission to develop a unified format. Materials should be submitted by the 20th of an insurance company is accurate and true.     The China insurance regulatory Commission and location of dispatched institutions the right to submit false material punishment according to the relevant regulations of insurance companies.     21st post-holding qualifications of senior managers of insurance companies, since their qualifications were not within 3 months from the date of approval to proposed job duties, automatically lose their qualification as senior managers of the institutions. 22nd senior managers of insurance companies have decided to waive their positions or approve his resignation, from the date of decision, the senior management is automatically lost their qualification as senior managers of the institutions, except in cases covered by this article 19th.     Insurance companies shall, within 10 working days from the date of the decision to the CIRC report or the local agency. 23rd an insurance company without a location or agency approved by the CIRC, it may not appoint senior managers, nor to the interim head of name or other means specified without qualification audit personnel for senior managers of insurance companies.     Under special circumstances, you need to specify the interim head, specifies and end to the CIRC report or the local agency, temporarily in charge of time shall not exceed 3 months. 24th the CIRC and location of dispatched institutions should establish the qualifications of senior managers of insurance companies file.     Qualifications archive should report information including qualifications, study conversation, approve or cancel the qualification documents, and other important information.     Qualifications of the fourth chapter canceled its 25th senior managers of insurance companies in breach of the laws, regulations, the China insurance regulatory Commission or local agency shall have the right to cancel certain term life qualifications for senior managers.     Senior managers of insurance companies was cancelled during the qualification, shall not continue to serve as the senior managers of insurance companies, no other senior managers of insurance companies as candidates to be appointed. 26th article on appeared following situation one of and has personal responsibility or directly led responsibility of insurance company senior management personnel, China Circ or location sent institutions can according to plot weight and consequences, canceled its 1-10 years of served qualification: (a) violation about provides, Super business range business, and provides various form rebate, and forced others insured, and for false claims; (ii) for false publicity, misleading policyholders, and was insurer, damage was insurer interests; (three) without approved unauthorized established, and merged, and Division, and revoked branch institutions or representative institutions; (four) forged, and altered, and rental, and transfer, and sold insurance license; (five) not by about provides extraction, and using the reserves, and margin; (six) violation about provides using funds; (seven) premium income or should received premium not into account, established account outside account or misappropriated, and interception premium; (eight) insurance company exists false funded or flight funded case; (ten) not by about provides for information disclosure, provides false of or hide important facts of financial report, and     Statistical reports or documents (11) refused to, interfere with, hinder or seriously affect the China insurance regulatory Commission shall supervise the (12) violation of relevant national laws and regulations and CIRC regulatory, dereliction of duty, abuse, causing heavy losses, or result in significant cases.     27th article on appeared following situation one of and has personal responsibility or directly led responsibility of insurance company senior management personnel, China Circ or location sent institutions can according to plot weight and consequences, canceled its 10 years above until lifelong of served qualification: (a) for serious violations business, or business management poor, caused insurance company was took over, and was forced to and other insurance company merged or was declared bankruptcy; (ii) for criminal was sentenced to penalty; (three) served during has 13th article subsection (ii) items by column case.     28th senior managers of insurance company appointment and dismissal by the Board of directors or parent body giving warning, demerit, demerit, demotion, dismissal, discharge or other punishment, the insurance company shall promptly report to the CIRC or the local agency, the China insurance regulatory Commission or local agency will decide whether to cancel its qualifications.     29th insurance branch leadership responsibility for serious violations by its parent company, agency of the location should be on the parent company's senior managers in a timely manner whether the opinions of their qualifications, CIRC approval.     Article 30th Circ or local agency to be made after the decision to lift the qualifications of senior managers of insurance companies, if it is processed or not satisfied with their insurance companies, may apply to the China insurance regulatory Commission on administrative reconsideration.     31st were senior managers of the Cancel qualification, in connection with the circumstances are grave and serious consequences, caused very bad influence in society, shall be published by the Circ.     Fifth chapter supplementary articles article 32nd of the provisions interpreted by the China insurance regulatory Commission. The 33rd article of the provisions come into force on April 1, 2002.     On January 11, 1999, published by the China insurance regulatory Commission to the senior managers of insurance institutions of vocational qualification management regulations repealed at the same time, other relevant senior managers of insurance companies of vocational qualification management regulations inconsistent with this provision, is subject to this provision.     Fill in the description, this insurance company personnel to fill the application form.     Second, insurance companies can copy itself according to the same application form format print, you can also use pen to fill out, write clearly, content should be true.     Third, the "diploma" or "degree", "school", "graduation" respectively, completing the final degree, degree, and finally graduated from college and time.     D "approval number" means a qualification approved by regulators after approval of the number.     Five, "learning experience" means reaching the College (including College) of the learning experience.     F "training" means a training period in more than three months (including domestic and foreign) of various types of training.     The seven, who are immediate family members to be appointed permanent residence abroad, country of residence, the starting time of the situation briefly filled in in the "remarks" column.     Eight, three copies of this form.     Table fill in the description, this insurance company personnel department input.     Second, insurance companies can copy itself according to the same application form format print, you can also use pen to fill out, write clearly, content should be true.     Third, the "diploma" or "degree", "school", "graduation" respectively, completing the final degree, degree, and finally graduated from college and time.     D "approval number" means a qualification approved by regulators after approval of the number.     Five, "learning experience" means reaching the College (including College) of the learning experience.     F "training" means a training period in more than three months (including domestic and foreign) of various types of training.     The seven, who are immediate family members to be appointed permanent residence abroad, country of residence, the starting time of the situation briefly filled in in the "remarks" column. Eight, three copies of this form.  _